You commit a crime of simple assault when you attempt to inflict a violent injury on someone else. To be convicted of simple assault, the prosecutor must establish your present ability to commit the crime. The crime of simple assault is charged under California Penal Code 240, and it applies when you act in a manner that is likely to cause injury to another person. California law not only prohibits acts of violence against other people but also criminalizes attempts geared towards violence.

Often, assault is charged alongside battery which is the actual act of inflicting injuries on another person. A conviction of simple assault attracts severe legal penalties, including jail time, fines, and community service. Therefore, if you or a loved one faces an arrest and charges for violating this statute, you will require the guidance of a skilled defense attorney. At California Criminal Lawyer Group in Santa Ana, we will offer you the much-needed legal guidance and representation to fight the charges and possibly avoid harsh penalties.

Overview of Simple Assault in California

Under PC 240, assault is defined as an attempt to inflict violent injury on another person with a present ability. Assault is a serious offense, and a conviction may attract serious legal consequences. When establishing your guilt under this statute, the prosecution must prove these elements of the crime beyond a reasonable doubt:

  • You committed an act that could naturally result in the application of force to another person

This first element of simple assault requires the prosecutor to prove that you acted in a way that could inherently result in physical violence against another individual. For this statute, any offensive or harmful touching constitutes the application of force. Simple battery revolves around an attempt to inflict violence on another person. Therefore, the force you applied does not need to be strong, and the victim must not have suffered physical injury. This element links you to the crime allowing the prosecution to continue the case towards a conviction.

  • You committed the act willfully

Your actions are considered willful if you intend to act in the manner that you did. The prosecutor must not prove your intention to break the law and cause the victim physical harm to establish this element. You can face a conviction for this offense as long as the prosecution can prove that you performed the act intentionally.

  • When you acted, you knew that your actions could potentially result in the application of force towards another person

Often, defendants facing charges for simple assault argue that they did not know that their actions would result in force against the alleged victim. However, this is not a standard required to secure a conviction for the offense. A prosecutor needs to show that a reasonable person in your position would have known of the potentially harmful nature of their actions.

  • When you committed the act, you had the actual and present ability to apply force to the alleged victim

California is one of the states that require a defendant to have the present ability to apply force or violence on another person. If you willfully commit an act that will not naturally result in offensive touching or harm to another person, you cannot be found guilty of violating PC 240. In this case, you must have had the ability to carry out the violence to face a conviction for the offense.

If aggravating circumstances such as causing serious injury to a victim, the prosecution could charge you with aggravated assault. In this case, the prosecution must prove that you assaulted another person Under PC 240 using a deadly weapon.

Difference between Simple Assault and Battery

Many people tend to think that assault and battery are used interchangeably, which is not the case. Although assault and battery are often charged together, these two crimes are entirely different. Under California law, assault is an unlawful attempt coupled with committing a violent crime against another person. Any slight touching could attract simple battery charges as long as you do it offensively. You can face charges and a conviction for assault even when you do not go through with the violent acts. When proving your guilt for assault, one of the elements is your attempt and ability to injure the alleged victim.

On the other hand, battery is the willful and unlawful use of violence and force on another person. Assault is an attempt to inflict injury, while battery is the violence itself. A battery can occur even when you touch another person through their clothes or using another object. In most cases, you will face charges for both assault and battery if you attempt and succeed in inflicting injury on another person.

Both assault and battery result in severe and life-changing consequences after a conviction. Therefore, if you are charged with one or both offenses, it is crucial to seek the guidance of a competent criminal defense lawyer.

Penalties Violating California Penal Code 240

In California, assault is charged as a misdemeanor, and a conviction for this crime is punishable by a six-month jail sentence and a fine not exceeding $1,000.You could face additional jail time and fines if you have multiple victims. Also, your penalties may be enhanced if your victim belongs to any of the following categories:

  • Firefighter
  • Emergency Medical technician
  • Lifeguard
  • Traffic officer
  • Animal control officer
  • Peace officer
  • Doctor or nurse providing emergency medical services

Legal Defenses for Simple Battery Charges in California

When you face charges for simple assault, you must work hard to explore your best options for the case. If you or a loved one is arrested and charged for violating PC 240, you should speak to a criminal attorney to receive the immediate help you need to fight the charges. Often, there are facts and circumstances to each case that can mitigate a sentence and change the outcome of your case. 

A competent attorney could take the following approaches when building a solid defense against your charges:

  • Protect your constitutional rights. Arresting officers do not always follow the right procedures when making arrests. An officer could make some of the common mistakes are failure to read your Miranda rights or carrying out illegal search and seizure. In this case, your attorney may find to discredit evidence resulting from police misconduct.
  • Investigate the circumstances of your case. Since physical injury is not always necessary to prove simple battery, not all case facts may be presented. Your attorney can investigate the circumstances under which the crime occurred. This will help you build a strong case.
  • Exploit weaknesses in the prosecutor’s case. The prosecutor will combine all the pieces of evidence against you and present them in your case. If you can create doubt in the prosecutor’s evidence, you may have a chance to fight the charges and avoid a conviction or have your charges reduced.

Some of the defense strategies you can explore for a simple assault case include:

  1. You Acted in Self Defense or Defense for Others

    The California legal system allows you to act in self-defense or defend other people when you reasonably believe that you are in danger of severe injury or death. If you touched another person unlawfully or acted in a way that could cause injury while defending yourself, you can claim self-defense in your case. However, it is crucial to understand that you must establish a reasonable belief that you were in danger when using this defense. If you were the primary aggressor, this defense might not apply to your case.

  2. Lack of an Intent to Commit the Crime

    Sometimes, circumstances arise where you react to a situation quickly to a situation happening near another person. Some of your actions could be mistaken for an attempt to use violence on the person. If the prosecutor cannot prove that you acted willfully and maliciously, you will not be convicted for the offense.

  3. No Present ability to Inflict violence on the Victim

    One of the elements that a prosecutor must prove to establish your guilt for simple assault is your present and actual ability to commit the crime. Some people faced charges for assault when they were not presently capable of committing the crime. For example, face an arrest for pointing a fake gun at another person. The prosecutor will not prove your present ability to assault the victim since it will be impossible to fire the gun and cause injury.

  4. False Accusations

    A simple assault charge is a charge that is often made falsely. Since physical evidence is not required to prove a crime of simple assault, anyone can claim they were assaulted even when there are no witnesses to attest to the facts. In cases built around false accusations, it will be your word against that of the victim. If the prosecutor cannot prove beyond a reasonable doubt that you committed the crime, the chances are high that they could drop your charges. If you are a victim of false accusations, it is vital to have an experienced attorney fighting to help you avoid a wrongful conviction under this statute.

  5. Involuntary Intoxication

    Under California law, you are deemed liable for the consequences of your actions while under the influence of alcohol or other drugs. Therefore, intoxication is not a defense for assault or any other crime. However, if intoxication was involuntary, you may argue involuntary intoxication as a defense to your case.

  6. Lack of Knowledge that Your Actions could Result in Application of Force

    You are only guilty of simple assault if the prosecutor can prove your knowledge of the potentially harmful nature of your actions. Sometimes, an irrational act could be mistaken for an intention to cause harm. With the help of your attorney, you can prove that you did not know that your actions could potentially inflict physical force or violence.

Offenses Related to Penal Code 240 

In California, a prosecutor may charge you with assault in addition to or in the place of other related offenses such as:

Assault with a Deadly Weapon

Assault with a deadly weapon is a form of assault committed using enough force to cause serious bodily injury or accomplished using a dangerous weapon. For this statute, a deadly weapon is defined as an object with the potential to inflict serious injuries when used on a person.

Sometimes, you can be charged with assault with a deadly weapon instead of a simple assault. Under CPC 245, assault with a deadly weapon is a wobbler. A prosecutor can charge you with a felony or a misdemeanor depending on the circumstances of your case. As a misdemeanor, a conviction for this offense is punishable by a jail sentence of up to one year. On the other hand, a felony conviction is punishable by a four-year jail sentence.

Prosecutors often push for a felony conviction and harsher penalties if:

  • You committed the crime using a firearm
  • The victim of your crime suffered significant bodily injury
  • The weapon you used to commission the crime was expected to cause injury to the alleged victim
  • The victim is a prospected individual such as a law enforcement officer

Facing charges for assault with a deadly weapon can be very stressful. Therefore, seeking the guidance of a skilled attorney is vital.

Battery

Under CPC 242, battery is a crime that occurs when you willfully use force or violence on another person. The prosecution must establish that you intentionally touched another person offensively when proving your guilt under this statute. It is essential to understand that you can face a conviction for battery even when the touching occurred above the clothes or using another object besides your hands.

Simple assault that does not result in serious bodily injury and is not directed to a law enforcement officer is charged as a misdemeanor. A conviction for violation of PC 242 attracts a jail sentence of up to six months, $2,000 in fines, and misdemeanor probation.

Criminal Threats

Each person has a right to safety, and threatening to inflict injury or cause death to another person is a severe offense charged under CPC 422. The specific elements that must be clear before you face a conviction for making criminal threats include:

  • You threatened to kill or cause serious injury to another person. The prosecution can charge you with criminal threats even when you lack the physical capacity to carry out your threats.
  • Your threats were verbal, written, or sent through an electronic medium.
  • As a result of your threats, the alleged victim believed that their life was in danger.
  • Your threat is immediate, unconditional, and specific. This means that the recipient of the threats must have believed that you would carry out the threats.

California law takes criminal threats seriously, and the punishment you face after a conviction for the offense varies depending on the circumstances of the crime. When charged as a misdemeanor, PC 422 attracts a one-year jail sentence and a $1,000 fine. As a felony, the crime is punishable by a three-year prison sentence and a $10,000 fine.

If you communicate a threat using a dangerous weapon or make multiple threats against different people, your sentence may be enhanced. In addition to a prison sentence and fines, a conviction for felony criminal threats is a strike under California Three Strikes Law.

Assault with Caustic Chemicals

California PC 244 makes it an offense to place or throw flammable substances to disfigure or injure someone. You can be charged with assault with caustic chemicals if you willfully and maliciously throw or place an explosive chemical on another person with the intention to cause them harm. Your acts are considered malicious and willful if you intend to do the wrongful act.

Unlike simple assault, assault with an explosive chemical is charged as a felony in California. The potential penalties for this crime include a prison sentence of up to four years and a $10,000 fine. Instead of a prison sentence, the judge could sentence you to formal probation. Probation allows you to spend a portion of your sentence out of jail. While on probation, you may be subject to the following conditions:

  • Payment of fines and restitution
  • Participation in group therapy
  • Community service
  • Regular check-ins with a probation officer

Frequently Asked Questions on Simple Battery

Under California law, assault is an offense whose consequences may affect your life for a long time. If you face an arrest and charges for a simple battery, you may have many questions about the nature of your charges and possible consequences. The following are some frequently asked questions regarding Penal Code 240:

  1. Can I face a conviction for simple assault if I intended to assault a different person from the one who fell victim to my actions?

Yes. The prosecutor must prove that you willfully assaulted another person under the doctrine of transferred intent and California assault laws. The prosecutor doesn’t need to show that the person you assaulted was the intended target. Defending a case where you accidentally assaulted another person may be difficult to defend, and you need to consult a skilled criminal defense lawyer.

  1. Can the prosecutor charge me with assault if I was defending myself?

Self-defense or defense of others is an acceptable defense against battery charges. Therefore, if you can establish that you were defending yourself or another person from the imminent danger posed by the alleged victim, you can avoid a conviction for the crime. However, your attorney must prove that you used the force necessary to protect yourself from harm when using this defense. This means that your act of self-defense must match the threat you faced.

  1. Can I be charged with violating PC 240 laws if I only threw an object at someone as they drove a car?

Yes. Any act that is likely to cause injury to another person qualifies to be charged as simple assault. Although throwing an object at a vehicle on the roadway is a crime charged under California Vehicle Code 23110, this act could attract charges for assault under PC 240.

  1. Can the prosecutor charge me with violation of CPC 249 if the victim was my domestic partner or spouse?

Yes. As long as the prosecutor can prove the specific elements of the crime beyond a reasonable doubt, you will be charged regardless of the nature of your relationship with the alleged victim. However, in a situation where you assault a spouse, you could face additional charges for spousal battery, which is prosecuted under PC 243. Spousal battery is a crime of domestic violence, and a conviction for these crimes is likely to result in serious legal penalties.

  1. Can I purchase or use a firearm after a conviction for simple assault?

Simple assault is a misdemeanor, and a misdemeanor conviction will not affect your gun rights. However, there are some limited expectations you need to know before attempting to purchase a firearm. The best way to protect your right to purchase or use a gun is by avoiding a conviction altogether.

Contact an Santa Ana Criminal Defense Attorney Near Me

Any slight attempt with the capacity to inflict violence on another person could attract charges for simple assault. Sometimes, a successful attempt to inflict injuries on another individual could cause you to face additional battery charges. A conviction for simple assault may result in serious penalties, including a jail sentence.

In addition to the legal penalties that accompany a conviction for simple assault, having the conviction in your record may be a significant deterrent for employers, landlords, or other individuals who perform a background check on you. It is shockingly easy to face assault charges even when the alleged victim did not suffer an injury. Therefore, seeking legal insight is one of the wisest decisions you can make for your case.

If you are facing charges of simple assault or related charges, reach out to California Criminal Lawyer Group in Santa Ana today at 714-844-4151. Our team is available 24/7 to listen to you.